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1. [2011] NZEmpC 48 Clear v Waikato DHB [pdf, 201 KB]

   ...was by then the area manager. The essence of the complaint was that the work environment was unchanged. Numerous matters were raised by Ms Clear all of which, bar one, Ms Osborn saw as historical. Ms Osborn had been advised by the Board‟s human relations personnel to address complaints as they arose rather than try to fix historical matters. She therefore dealt only with the one new matter, which related to the shredding of a document. [12] Ms Clear accepted that her relati...

2. [2012] NZEmpC 101 Pottinger & Nine Dot consulting Ltd v Carew and Kelly Services (NZ) Ltd [pdf, 250 KB]

   ...client after she took up the business development position. [25] The plaintiffs drew a distinction between the role of consultants and the Branch Manager and Business Development roles they held. The evidence of Kelly Services’ Director of Human Resources, Ms Wallace, was that the expectation placed on consultants to develop relationships with clients from the company’s client base extends to more senior roles. Her evidence was that Ms Pottinger and Ms Carew had access to a...

3. [2021] NZACC 70 - Te Miha v ACC (29 April 2021) [pdf, 324 KB]

   ...circumstances described in section 21; or (da) work-related mental injury that is suffered by a person in the circumstances described in section 21B; or (e) damage (other than wear and tear) to dentures or prostheses that replace a part of the human body. (2) Personal injury does not include personal injury caused wholly or substantially by a gradual process, disease, or infection unless it is personal injury of a kind described in section 20(2)(e) to (h). [39] Section 2...

4. ENVC Hearing 6Oct14 WML reply Mark Appeldoorn final [pdf, 717 KB]

   ...in the peak assessments for potential reducing learned marina user travel times, for example, where marina users elect to avoid the peak ferry arrival times of their own voluntary accord. It follows that any effect resulting from this type of human action would be to further reduce effects in on Ocean View Road and in the keyhole. 18. Similarly, the enquiry in the evidence of Mr Karndacharuk7 and Mr Blom8 as to the potential additive or cumulative effect of traffic bunching...

5. Issues with access to justice in the Environment Court of New Zealand [pdf, 477 KB]

   ...litigation in courts around the world in the modern age is increasingly complex. Indeed, this must be trite. It must also be acknowledged that much complex litigation has the potential to impact unrepresented persons. A notable example is adjudication of human rights issues, but at the more mundane end of the spectrum simple issues of statutory interpretation can potentially have wide impacts. As often recognised in ‘Rules of Court’, also in ‘Practice Notes’ such as those in our court,...

6. Legal aid grants December 2020 [xlsx, 84 KB]

   ...This includes debt recovery, breaches of contract, defamation, and bankruptcy proceedings. It also includes proceedings before tribunals or specialist courts such as the: • Employment Relations Authority • Employment Court • Environment Court • Human Rights Tribunal • Legal Aid Tribunal • Māori Land Court • Immigration & Protection Tribunal • Social Security Appeal Authority • Taxation Review Tribunal • Tenancy Tribunal • Waitangi Tribunal. Civil legal aid is not avai...

7. 16.-Evidence-of-Mr-Keith-Hamill-Water-Quality64013659.1.PDF [PDF, 1.1 MB]

   ...pollution to stormwater.4 It is difficult to estimate the expected volumes for the Project, however, for reference, an estimated load of 0.4 m3 ha-1 yr-1 of gross pollutants can be generated in suburban catchments, of which about 30% is anthropogenic (human- generated) litter (Auckland Council 2011). Litter volumes from the Project are likely to be lower than in a suburban setting but still present. Roadside litter management can be a significant component of highway operations...

8. Legal Complaints Review Officer v Hong [2015] NZLCDT 27 [pdf, 407 KB]

   ...“verbal eunuchs” in the words of the Canadian Supreme Court, their profession constrains them to respond to provocation with “dignified restraint”.30 As members of a profession, lawyers are expected to suppress what may be natural negative human emotions in their professional dealings with other lawyers. This is not necessarily easy, especially as clients may expect lawyers to share the clients’ personal acrimony to the opponent that, for them, includes the opponent’s lawye...

9. [2021] NZEmpC 139 QDA v EKD [pdf, 336 KB]

   ...That day she discussed the incident with colleagues. It was agreed that because Mr D appeared to have been involved in a “driver-at-fault” incident while on a final warning, a disciplinary meeting should take place. With the assistance of Human Resources (HR), she began preparing a letter on that topic, although she did not give it to Mr D until he returned to work on 4 July 2018. [40] Mr S denied either receipt of the incident form on 3 July 2018 or that he spoke to Mr D...

10. [2022] NZEnvC 135 Timu v Queenstown Lakes District Council [pdf, 4.9 MB]

    ...Taonga must be sought prior to the modification, damage or destruction of any archaeological site, whether the site is unrecorded or has been previously recorded. An archaeological site is described in the Act as a place associated with pre-1900 human activity, which may provide evidence relating to the history of New Zealand. These provisions apply regardless of whether a resource consent or building consent has been granted by Council. Should archaeological material be discovered duri...